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PSA with Proven Investigations, LLC 2ogp -h293i9 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PROVEN INVESTIGATIONS, LLC FOR INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYEMENT RELATED MATTERS, PURSUANT TO RFQ 2016-057-WG This Professional Services Agreement (Agreement) is entered into this 1 4 day of , 2016, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and PROVEN INVESTIGATIONS, LLC, a Florida limited liability company, whose main address is 1008 Maldonado Drive, Pensacola Beach, Florida 32561, and whose local address is 15751 Sheridan Street#410, Fort Lauderdale, Florida 33331 (Consultant). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach Request for Qualifications (RFQ) No. 2016-057-WG for Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers' Compensation Claims, and Other Employment Related Matters, together with all amendments thereto, issued by the City in contemplation of this Agreement (collectively, the RFQ), and the Consultant's proposal in response thereto (Proposal), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFQ; and the Proposal. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139: telephone number (305) 673-7000, Ext. 6435: and fax number(305) 673-7023. 1 SECTION 2 SCOPE OF SERVICES (SERVICES) 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit "A" hereto (the Services). SECTION 3 TERM The term of this Agreement (Term) shall commence upon execution of this Agreement by all parties hereto, and shall have an initial term of three (3) years, with Two (2) One (1) year renewal options, to be exercised at the City Manager's sole option and discretion, by providing Consultant with written notice of same no less than thirty (30) days prior to the expiration of the initial term. SECTION 4 FEE 4.1 In consideration of the Services to be provided, as assigned by the Human Resources Department, Consultant shall be compensated on an hourly basis, in the amount of $65.00 per hour for investigative services and $50.00 per hour for adjusting services. 4.2 TIME OF COMPLETION The services to be performed by the Consultant shall be on an "as needed" basis, and shall commence upon receipt of a particular written claim assignment (the Assignment) from the City. The Assignment shall, without limitations, specify the services, the claim or portion thereof required, as well as estimated time for completion of the same. Notwithstanding this section, work and deliverables shall be in conformity to scope and deliverables, as set forth on Exhibit "A". 4.4 INVOICING Consultant shall invoice the Human Resource Administration for Employment related matters, Human Resource Risk Management for Tort Liability claims, and CorVel, the City's Third Party Administrator (TPA) for Workers' Compensation claims, unless otherwise advised, upon satisfactory receipt of product and/or performance of services. At a minimum, invoices shall include: a) Date(s) of the Task and/or Activity's assignment, including copy of the Assignment b) City's contract number, invoice number, and itemized service description c) Date(s) of the Task and/or Activity's performance, including copy of the Assignment d) Brief description of the work, task, or activity performed and outcome for surveillance e) Actual time spent, in increments no greater than a 10th of an hour f) Billing rate per hour and complete names and titles of individuals performing each activity for each line item g) Summary at the end of the billing indicating the number of hours for each specific task at the specific applicable billing rate Consultant shall obtain prior written authorization from the City if the cost of performing the assigned task(s) is expected to go over $1,500.00 per claimant. Only approved rates shall be invoiced to the City. 2 The City will notify the Consultant of any adjustments required to the invoice within five (5) days of invoice receipt. Upon receipt of an acceptable and approved invoice inclusive of required support, payment(s) shall be made within forty five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Human Resources Department Risk Management Division 1700 Convention Center Drive, 3rd Floor Miami Beach, FL. 33139 Attn: Sonia Bridges, Division Director SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Notwithstanding the foregoing, if the default is of a nature that cannot be cured, such as fraud or a material misrepresentation in connection with Consultant's performance under this Agreement, the termination shall be effective upon receipt of the termination notice and no cure period shall apply. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 3 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS A. Worker's Compensation and Employer's Liability per the statutory limits of the state of Florida. B. Commercial General Liability (occurrence form), limits of liability $1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). C. Automobile Liability for all owned, non-owned and hired vehicles used in connection with this agreement, in an amount not less than $1,000,000.00 combined single limit per occurrence, for bodily injury and property damage. D. Professional Liability Insurance in an amount not less than $1,000,000.00 per occurrence. The insurance coverage required above must include a waiver of subrogation in favor of the City and thirty (30) days prior written notice of any cancellation. 4 The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the provider. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B+" as to management, and no less than "Class VII" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, subject to the approval of the City Risk Management Division. SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIALITY 9.1 DUTY OF CARE With respect to the performance of the work and/or service contemplated herein, Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 5 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the work and/or services, Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIALITY Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub-consultants, without the prior written consent of the City. Consultant will safeguard Private Health Information and other personal information to ensure that the information is not improperly disclosed. Consultant or any person appointed by or under its control, will make sure that any third party service providers having access to Private Health Information and other personal information are trained in privacy policies directed at safeguarding against improper disclosure, made familiar with the confidentiality obligations set forth in this Agreement, and abide by those requirements as minimum safeguards against improper disclosure. Consultant will immediately notify the City, in writing, of any disclosure of Private Health Information or personal information in its possession or control that is not consistent with the provisions of this Agreement of which the Consultant becomes aware. In the event of improper disclosure, Consultant shall take reasonable steps to alleviate the effects of the improper disclosure. Consultant acknowledges and agrees that improper disclosure of Private Health information or other personal information will amount to a material breach of this Agreement and constitute grounds for immediate termination of this Agreement. Nothing herein shall prevent the City from seeking injunctive relief (or any other provisional remedy), as is necessary to protect the City's proprietary rights. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, 6 and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of the Services, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, disability, marital and familial status, or age. 10.6 CONFLICT OF INTEREST The Consultant herein agrees to adhere to and be governed by all applicable Miami- Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami- Dade County Code, and as may be amended from time to time; and by the City of Miami Beach Charter and Code (as some may be amended from time to time); both of which are incorporated by reference herein as if fully set forth herein. The Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, Consultant shall not knowingly employ any person having such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. 7 Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Proven Investigations, LLC 15751 Sheridan Street, #410 Fort Lauderdale, Florida 33331 Attn: Lee S. Goldwich, Managing Member TO CITY: City of Miami Beach Human Resources Department Risk Management Division 1700 Convention Center Drive, 3rd Floor Miami Beach, FL. 33139 Attn: Sonia Bridges, Division Director WITH COPY TO: City of Miami Beach City Managers' Office 1700 Convention Center Drive, 4th Floor Miami Beach, FL. 33139 Attn: Jimmy Morales, City Manager Notice may also be provided to any other address designated in writing by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the day on which personally served, or the day of receipt by either U.S. certified mail or overnight delivery. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not 8 contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. 12.4 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and d) Meet all requirements for retaining public records and transfer to the City, at no City cost, all public records created, received, maintained and/or directly related to the performance of . this Agreement that are in possession of the Consultant upon termination of this Agreement. Upon termination of this Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. For purposes of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. Consultant's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. In the event the Consultant does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: i�° By: '''' %%%%%qh%%%% .Or ity C erk d/ t'l I b � Date: _ • � ' 9 .i'e-� :: , /, • c 1 INC ORp ORATED: .. FOR CONSULTANT: i% \// p-,• AiN INVESTIGATIONS, LLC. ATTEST: C'}-I g) -• `r i By: Signature Signature 1 J/ (/ ((o1� Y I.-ct, s 6,/1 r Prin Name Print Name /Title Date: as' ac)l LP DIANE ONLY vie :�` MY COMMISSIOtd#FF897769 EXPIRES September 21•2019 or FKK e.rygervioe..,„ �4C7139E•f'S1 - APPROVED AS TO FORM & LANGUAGE & FOR EXECUTI• i ,r /� / or City Attorney A� Dot l,� 10 EXHIBIT A-SCOPE AND DELIVERABLES 1. List of Work To Be Performed: a) Surveillance/Investigation of Claimants for Tort Liability and Workers' Compensation; Written Report along with surveillance DVD/Photos; report may be sent electronically b) Activity Checks of Claimants for Tort Liability and Workers' Compensation; Written Report along with surveillance DVD/Photos, indicating activity performed; report may be sent electronically c) Research and Background Investigations of Claimants for Tort Liability and Workers' Compensation; Written Report; Written Comprehensive Report along with supporting documentation; report may be sent electronically d) Research and Background Investigations of selected Employment Matters e) Adjusting Service (e.g. Witness Statements, Witness Locate) for Tort Liability and Workers' Compensation; Written Report along with supporting documentation; report may be sent electronically 2. Deliverables/Reports: a) Contractor shall acknowledge receipt of an assignment via electronic mail within 24 hours of receiving the referral (send acknowledgement to TPA if Workers' Compensation related matter, HR Risk Management if Tort Liability, or HR Administration if Employment related). b) Contractor shall send an investigation report within 14 days of receipt of assignment. The report may be provided to the City and TPA via an online system, e-mail, or other technology deemed acceptable by the City. Contractor shall provide a hard copy with attachments, photos, recording or video, if requested by the City. c) Contractor performing a field investigation shall obtain a photo of the employee and, if noted, a photo of the area where the injury occurred. The photos shall be included in the contractors' report. d) Contractor shall summarize each investigation and give recommendations for further investigation, if any. Contractor shall not give an opinion regarding compensability. 11 • • • - ATTACHMENT A M1 • RESOLUTION COMMISSION ITEMS AND,COMMISSION MEMORANDUM • • • o RESOLUTION NO. 2016-29389 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-057-WG FOR INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS COMPENSATION CLAIMS AND OTHER EMPLOYMENT RELATED MATTERS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE THREE TOP-RANKED PROPOSER(S), DIGISTREAM SOUTH FLORIDA, INC., PROVEN INVESTIGATIONS, LLC AND CROSSROADS SDI, INC.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, Request for Qualifications (RFQ) No. 2016-057-WG was released on February 17, 2016; and WHEREAS, the City received statements of qualifications from Crossroads SDI, Inc., DigiStream South Florida, Inc., Proven Investigations, LLC, VRP Group, Inc. d/b/a Regius, and Giordano Protection Services, LLC; and WHEREAS, the proposal for Giordano Protection Services, LLC was not considered for failure to meet the minimum requirements of the RFQ; and WHEREAS, on April 6, 2016, the City Manager, via Letter to Commission, appointed and Evaluation Committee(the"Committee")consisting of the following individuals: • Sonia Bridges, Division Director Risk& Benefits, Human Resources Department • Jose Del Risco, Human Resources Assistant Director, Human Resources Department • Emomotimi Brisibe, Senior Assistant City Attorney, Office of the City Attorney The following Alternate was also appointed: • Rafael Granado, City Clerk, Office of the Clerk; and WHEREAS,the Committee convened on April 21, 2016 to consider all responsive proposals; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services, references, and a copy of the RFQ; and WHEREAS, the Committee was instructed to score and rank the proposals pursuant to the evaluation criteria established in the RFQ; and WHEREAS, the Committee's ranking was as follows: Digistream South Florida, Inc., as the top ranked proposer, Proven Investigations, LLC, as the second highest ranked proposer; Crossroads SDI, Inc., as the third highest ranked proposer; and VRP Group, Inc., as the fourth highest ranked proposer; and WHEREAS,the City Manager considered all of the responsive submissions and the results of the Evaluation Committee process;and WHEREAS, the City Manager recommends, in order to establish a pool of contracts that will allow the City to better respond to the need for services, that the top three ranked proposers: DigiStream South Florida, Inc., Proven Investigations, LLC,and Crossroads SDI, Inc. be awarded contracts; and NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for Qualifications No. 2016-057-WG Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers Compensation Claims and Other Employment Related Matters; authorize the Administration to enter to negotiations with DigiStream South Florida, Inc., Proven Investigations, LLC, and Crossroads SDI, Inc.; and further authorize the Mayor and City Clerk to execute agreements upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this 1/ day of 4/1' 2016. ATTEST: / . 1 B�°n , • 77 I � y ; s,/ RAF• L E. •NADO, C CLERK'C\ -."*.:I^1CORF RATED!PM i'IP EVINE, MAYOR ('9,QCH'26�c'� APPROVED AS TO FORM& LANGUAGE &FORIXECUTION City Alt y I Date T:\AGENDA\2016WIay\Procurement\RFQ 2016-057-WG Investigations\RFQ 2016-057-WG Investigations-RESO.doc i � • -- - COMMISSION-ITEM-SUMMARY • Condensed Title: • A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, V ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-057-WG FOR INVESTIGATION, - BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS,WORKERS COMPENSATION CLAIMS AND OTHER EMPLOYMENT RELATED MATTERS AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE THREE TOP-RANKED PROPOSER(S), •. DIGISTREAM SOUTH FLORIDA,INC.,PROVEN INVESTIGATIONS,LLC AND CROSSROADS SDI,INC.;AND • FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. V Key Intended Outcome Supported: • Strengthen Internal Controls To Achieve More Accountability V Supporting Data (Surveys, Environmental Scan,etc: N/A Item SummarylRecommendation: The Administration issued RFQ 2016-057-WG to seek statements of qualifications from firms to provide investigation, background,adjusting and surveillance of selected tort liability claims,workers compensation claims and other employment related matters for the City of Miami Beach on February 17, 2016. On April 1,2016,the City received statements of qualifications from Crossroads SDI,Inc.,DigiStream South Florida, Inc., Proven Investigations, LLC,VRP Group, Inc. DBA Regius,and Giordano Protection Services, LLC. Giordano Protection Services, LLC was deemed non-responsive for failure to meet the requirements of the RFQ, including failure to submit:documentation indicating compliance with licensing requirement,evidence of prior experience,any information on team that would service the City. On April 21, 2016 the City Manager appointed Evaluation Committee(the"Committee")convened to consider the statement of qualifications received. V • - After considering proposals and the results of the Evaluation Committee process, pursuant to RFQ No.2016-057- WG, for Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers Compensation Claims and Other Employment Related Matters,the City Manager recommends award of contracts to the three (3) highest ranked proposers: DigiStream South Florida,, Inc:, Proven Investigations, LLC and v. Crossroads SDI, Inc. • - . The City currently uses the services of only one investigation firm to fulfill the needs of the Human Resources Department as it relates to tort claims,workers'compensation claims,adjusting services,surveillance,backgrounds, and other employment related matters. The recommendation is to have a pool of investigation firms that will assure that the City's needs are met in a timely matter. I ADMINISTRATION RECOMMENDATION Adopt the Resolution. Advisory Board Recommendation: • • N/A • Financial Information: The annual cost associated with the Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers Compensation Claims and Other Employment Related Matters are subject to the funds availability approved through the City's budgeting process. Source of Amount Account • , Funds: 1 2 Total Financial Impact Summary: City Clerk's Office Legislative Tracking: • Alex Denis, Extension 6641 . Sign-Offs: ' De•artm tDi - .o ` Assistan+ L ';•na•er Ci M. a!er • •i.�f�® MT !W . �(( . AGENDA ITEM G? MIAMI BEACH DATE 5—H—h - • m► MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of th City Commi ion FROM: Jimmy L. Morales, City Manager DATE: May 11, 2016 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMM NDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016- 057-WG FOR INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS COMPENSATION CLAIMS AND OTHER EMPLOYMENT RELATED MATTERS AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE THREE TOP-RANKED PROPOSER(S), DIGISTREAM SOUTH FLORIDA, INC. AND PROVEN INVESTIGATIONS, LLC; AND CROSSROADS SDI, INC; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION Adopt the resolution. FUNDING The annual cost associated with the Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers Compensation Claims and Other Employment Related Matters is subject to the funds availability approved through the City's budgeting process. BACKGROUND The Administration issued RFQ 2016-057-WG to seek statements of qualifications from firms to provide investigation, background, adjusting and surveillance of selected tort liability claims, workers compensation claims and other employment related matters for the City of Miami Beach. RFQ PROCESS The RFQ was released on February 17, 2016. On April 1, 2016, the City received statements of qualifications from the following firms: Crossroads SDI, Inc. DigiStream South Florida, Inc. Proven Investigations, LLC VRP Group, Inc. DBA Regius Giordano Protection Services, LLC Giordano Protection Services, LLC was deemed non-responsive for failure to meet the requirements of the RFQ, including failure to submit: documentation indicating compliance with licensing requirement, evidence of prior experience, any information on team that would service the City. On April 6, 2016, the City Manager appointed, via letter to Commission (LTC) No. 144-2016, an Evaluation Committee(the Committee),consisting of the following individuals: • Sonia Bridges, Division Director Risk & Benefits, Human Resources Department • Jose Del Risco, Human Resources Assistant Director, Human Resources Department • Emomotimi Brisibe, Senior Assistant City Attorney, Office of the City Attorney The following Alternates were also appointed: Commission Memorandum — RFQ 2016-057-WG Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers Compensation Claims and Other Employment Related Matters May 11, 2016 Page 2 The Committee convened on April 21, 2016, to consider the statement of qualifications received. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government in the Sunshine Law. The Committee was also provided general information on the scope of services, references, and a copy of each proposal. The Committee was instructed to score and rank the proposals pursuant to the evaluation criteria established in the RFQ. _ _ . f� y.:.Z r �,7 t";{ . �.•.�.��..:,_. �t..;�v`�'�,� �ri,r::�:�.Evaluation,C�ifecia��s�;:~�,��.�-�.:�<. .. ..�•.; .�y` �Totaf,•,Polnts. :� Similar project experience References 100 Team member qualifications or Other Factors or Information Requested under this RFQ The RFQ also stipulated that additional points would be applied, if applicable pursuant to the City's Veteran's Preference Ordinance. However, none of the proposers were eligible for the veteran's preference. After proposer's presentations and interviews, the Committee discussed the proposers' qualification, experience, and competence, and further scored the proposers in accordance with the qualitative criteria established in the RFQ ( Similar project experience, References, Team member qualifications or Other Factors or Information Requested under this RFQ). The final rankings are as follows: RFQ#2016-057-WG for Investigation.Background, cr, .(7) Adjusting and Surveillance of a m Selected Tort Liability Claims, t_ LOW Workers'Compensation Claims m 9 p AGGRE and other Employment Related o �; GATE Matters ° Ranking w Ranking . Ranking TOTALS Crossroads SDI, Inc. 70 3 79 2 90 2 7 3 DigiStream South Florida. Inc. 85 1 85 1 85 3 5 1 Proven Investigations, LLC 75 2 77 3 93 1 6 2 VRP Group, Inc.dba Regius 45 4 76 4 75 4 12 4 • Veterans Preference Maximum Veterans Allowable Total Points Proposer Preference Points Awarded' Crossroads SDI,Inc. 0 5 0 DigiStream South Florida,Inc. 0 I 5 0 • Proven Investigations,LLC I 0 I 5 I 0 VRP Group,Inc.dba Regius 0 5 0 In determining responsiveness and responsibility of the firms, the Procurement Department verified compliance with the minimum requirements established in the RFQ, financial capacity as contained in the Dun & Bradstreet Supplier Qualifier Report, and past performance through client references submitted by each proposer. Commission Memorandum —RFQ 2016-057-WG Investigation, Background,Adjusting and Surveillance of Selected Tort Liability Claims,Workers Compensation Claims and Other Employment Related Matters May 11, 2016 Page 3 CITY MANAGER'S DUE DILIGENCE After considering proposals and the results of the Evaluation Committee process, pursuant to RFQ No. 2016-057-WG, for Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers Compensation Claims and Other Employment Related Matters, I recommend the award of contracts to the three (3) highest ranked proposers: DigiStream South Florida, Inc., Proven Investigations, LLC, and Crossroads SDI, Inc. The City currently uses the services of only one investigation firm to fulfill the needs of the Human Resources Department as it relates to tort claims, workers' compensation claims, adjusting services, surveillance, backgrounds, and other employment related matters. The recommendation is to have a pool of investigation firms that will assure that our needs are met in a timely matter. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the resolution accepting the recommendation of the City Manager, pertaining to the ranking of proposals received pursuant to Request for Qualifications (RFQ) No. 2016-057-WG, for Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers Compensation Claims and Other Employment Related Matters, to award contracts to: DigiStream South Florida, Inc., Proven Investigations, LLC and Crossroads SDI, Inc.; and, further authorizing the Mayor and City Clerk to execute agreements with the recommended firms upon conclusion of successful negotiations by the Administration. JLM/MT/SCT/AD/WG F:1 T_DriveWGENDA120161May1Procurement\RFQ 2016-057-WG Investigations\RFQ 2016-057-WG Investigations-Memoa.doc ATTACHMENT B REQUEST FOR QUALIFICATIONS (RFQ) AND ADDENDUMS MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue,3"'Floor, Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel:305-673-7490. ADDENDUM NO. 2 INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS. RFQ 2016-057-WG March 22, 2016 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only. I. ANSWERS TO QUESTIONS RECEIVED Q1) Is pricing to be included in the RFQ package? Al) No. Pricing will be negotiated with the successful firm(s). Q2) What has the City paid for reports as it relates to the investigation background adjusting and surveillance of tort liability claims, worker's compensation claims and other employment related matters, from January 2015 to the present? A2) The City has paid $13,980, for workers' compensation surveillance investigations from January 2015 to present. The City has paid approximately $12,000 For tort liability claims investigation services and employment related matters, from January 2015 to present. Q3) What has the City paid for hourly surveillance in accord with the investigation, background, adjusting and surveillance of tort liability claims, worker's compensation claims and other employment related matters, from January 2015 to the present? A3) The contract rate for surveillance, investigation and other adjusting services is $55/hour. The cost for related investigation reports (Driving History, Court History, etc.) ranges from $40 -$50 each. Q4) Will this be a single company award or will multiple companies be awarded a contract? A4) Please refer to Section 0200, Paragraph 19, entitled "Determination of Award." Q5) Approximately how many cases were assigned to the incumbent(s) for the year 2015 under the current contract? A5) Approximately thirty (30) cases were assigned during the 2015 year. Q6) Am I correct that you are not asking for a price quote for services in this RFQ? A6) Yes. See response to question number 1 above. Q7) What is the budget per case or per year for the current contract? A7) See response to question number 2 above 1 • Q8) What is the current fee schedule for the services provided under the current contract? A8) See response to question number 3. Q9) Who is the incumbent on the current contract? A9) The incumbent contractor for the referenced contract is Proven Investigations, LLC. Q10) Can the City provide incumbent vendor's proposal for the existing contract? A10) The incumbent vendor's proposal and executed agreement are attached as Exhibits A, B & C. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov. Procurement Contact: Telephone: Email: William Garviso 305-673-7000, ext. 6650 WilliamGarviso @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Sincerely, d Alex Denis Procurement Director • • 2 MIAMI BEACH City of Miami Beach, 1755 Meridian Avenue,3'd Floor, Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel:305-673-7490. ADDENDUM NO. 1 INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS. RFQ 2016-057-WG March 15, 2016 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. I. ANSWERS TO QUESTIONS RECEIVED Q1) What is the contract effective date? Al) The anticipated effective date for this solicitation is August 1, 2016. Q2) Is City of Miami Beach self-insured or deductible? A2) The City is self-insured for Worker's Compensation and Liability. Q3) If deductible-who is the carrier? A3) See response to question 2 above. Q4) What is the deductible level? A4) See response to question 2 above Q5) Who is the incumbent Third Party Administrator(TPA)? A5 The TPA for Worker's Compensation is CorVel Corporation. However, this RFQ is for investigation, Background, Adjusting and Surveillance services. It is not for Third Party Administrative Services of our Workers Compensation and Liability Programs. Q6) How long have you been with the incumbent TPA? A6) CorVel Corporation has been the City's incumbent TPA since February 2015. However, this RFQ is for investigation, Background, Adjusting and Surveillance services. It is not for Third Party Administrative Services of our Workers Compensation and Liability Programs. Q7) Why are you out to market? A7) The City's contract with the current investigative company is scheduled to expire August 2016. Q8) What objectives would you like to accomplish in this process? A8) Please refer to the purpose specified in Instructions to Respondents & General Conditions, Section 0200, Paragraph 2, of the RFQ document. 1 Q9) Who controls the claims process? A9) This RFQ is for investigation, Background, Adjusting and Surveillance services. It is not for Third Party Administrative Services of our Workers Compensation and Liability Programs. Q10) Who is the decision maker at City of Miami Beach? A10) Please refer to Instructions to Respondents & General Conditions, Section 0200, Paragraph 19, of the RFQ document. Q11) Are there takeover claims? Al 1) This RFQ is for investigation, Background, Adjusting and Surveillance services. It is not for Third Party Administrative Services of our Workers Compensation and Liability Programs. Q12) For pricing purposes, can you send loss runs in excel format for the last 3 years? Al2) This RFQ is for investigation, Background, Adjusting and Surveillance services. It is not for Third Party Administrative Services of our Workers Compensation and Liability Programs. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado @miamibeachfl.gov. Procurement Contact: Telephone: Email: William Garviso 305-673-7000, ext. 6650 WilliamGarviso @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Sincerely, .�. Alex Denis Procurement Director 2 REQUEST FOR QUALIFICATIONS ( RFQ) INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS. RFQ 2016-057-WG RFQ ISSUANCE DATE: FEBRUARY 17, 2016 STATEMENTS OF QUALIFICATIONS DUE: APRIL 1, 2016 @ 3:00 PM ISSUED BY: MIAMIBEACH William Garviso, Procurement Contracting Officer II PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.7000 x66501 www.miamibeachfl.gov ' MIAMI BEACH TABLE OF CONTENTS . SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED • N/A 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 4 0300 SUBMITTAL INSTRUCTIONS & FORMAT 12 0400 EVALUATION PROCESS 14 APPENDICES: PAGE APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO BID" FORM 23 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 25 APPENDIX D SPECIAL CONDITIONS 26 APPENDIX E INSURANCE REQUIREMENTS 29 • • RFQ 2016-057-WG 2 m MIAMI BEACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS&GENERAL CONDITIONS 1. GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida(the"City"), as the means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposer and, subsequently, the successful proposer(s) (the "contractor[s]") if this RFQ results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective proposer who has received this RFQ by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach seeks statements of qualifications from licensed, experienced investigative firms for services related to the investigation, background and surveillance of selected tort liability claims, workers' compensation claims, and other employment related matters. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: Solicitation Issued February 17, 2016 Pre-Submittal Meeting N/A Deadline for Receipt of Questions March 22, 2016 @ 3:00PM Responses Due April 1, 2016 @ 3:00PM Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing TBD Negotiations Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: William Garviso, CPPB 305 673-7000#6650 williamgarvisona.miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado@miamibeachfl.qov; or via facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. RFQ 2016-057-WG 3 MIAMIBEACH 5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFQ Timetable section above at the following address: City of Miami Beach Procurement Department—3rd Floor Conference Room 1755 Meridian Avenue Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936(Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFQ expressing their intent to participate via telephone. 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective proposer who has received this RFQ by any means other than through PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFQ Timetable section. 7. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelqranado a(�.miamibeachfl.gov RFQ 2016-057-WG 4 • • m MIAMIBEACH 8. SPECIAL NOTICES. .You are hereby advised that this _solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.gov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 286 . • • • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS • CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL V BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-37 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- V DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 V • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 V • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 . 9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. . 10. COMPLAINCE WITH THE CITY'S LOBBYIST LAWS. This RFQ is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance. 11. DEBARMENT ORDINANCE: This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code. 12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign.Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance. 13. CODE OF BUSINESS ETHICS. Pursuant to City.Resolution No.2000-23879,the Proposer shall adopt a Code of Business Ethics ("Code")and submit that Code to the Procurement Division with its response or within five (5) days upon receipt of request. The Code shall, at,"a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 14. AMERICAN WITH DISABILITIES ACT•(ADAI. Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5)days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department; at 305-673- 7000, Extension 2984. 5 • • • m MIAMIBEACH • ' 15. POSTPONEMENT OF'DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in • accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2- . 370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest not timely made pursuant to the . requirements of the City's Bid Protest Ordinance shall be barred. • • . - - . - - • 1 1 • - 18. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City shall give - a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a , veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the • lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount (or in this RFQ, the highest proposal amount). Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest proposal pursuant to an RFQ or oral or written request for quotation, and such proposals are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. • • 19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City orrnay recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1)The ability, capacity and skill of the Proposer to perform the contract. (2)Whether the Proposer can perforin-the contract within the time specified, without delay or interference. (3) The character, integrity, reputation,judgment, experience and efficiency of the Proposer. (4)The quality of performance of previous contracts. - (5)The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 20. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding; the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. • RFQ 2016-057-WG 6 • m MIAMI BEACH 21. Postponement/Cancellation/Acceptance/Rejection. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities in this RFQ, or in any responses received as a result of this RFQ. Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one-hundred twenty(120) calendar days after proposal opening date. A proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the contract by the City Commission. 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 23. COSTS INCURRED BY PROPOSERS. All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense)of the Proposer, and shall not be reimbursed by the City. 24. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 24. OCCUPATIONAL HEALTH AND SAFETY. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be accompanied by a Material Safety Data Sheet(MSDS)which may be obtained from the manufacturer. 25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it. 26. TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be consistent with Purchase Order format. RFQ 2016-057-WG 7 GA MIAMI BEACH 29. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. 31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws. 32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit (and cause hotel operator to prohibit) discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability in the sale, lease, use or occupancy of the Hotel Project or any portion thereof. 34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an award that is in the best interest of the City, including: A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of tinie, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. RFQ 2016-057-WG 8 ® MIAMI BEACH D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the,City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance(experience), in making an award that is in the best interest of the City. F. The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 35. ASSIGNMENT. The successful Proposer shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 37. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 38. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 39. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then C. The solicitation; then D. The Proposer's proposal in response to the solicitation. 40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. RFQ 2016-057-WG 9 al, MIAMI BEACH 41. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 43. OBSERVANCE OF LAWS. Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFQ (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. 44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member(spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. 45. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 47. EXCEPTIONS TO RFQ. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the RFQ). • RFQ 2016-057-WG 10 m MIAMI BEACH 48.ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 49. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFQ solicitation process. 50. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. Balance of Page Intentionally Left Blank RFQ 2016-057-WG 11 ® MIAMIBEACH SECTION 0300 SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Statement of Qualifications are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of Statement of Qualifications will be considered late and not be accepted or will be returned to proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. STATEMENTS OF QUALIFICATIONS FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that Statement of Qualifications be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Statement of Qualifications that do not include the required information will be deemed non-responsive and will not be considered. TAB 1 Cover Letter& Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix C, Minimum Requirements and Specifications. TAB 2 Experience&Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. 2.2 References. Submit at least three (3) references as evidence of similar experience. For each reference, the following is required: project/scope of work description, agency name, agency contact, contact telephone & email, and year(s)and term of engagement. 2.3 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members'qualifications.At a minimum, the,following key individuals are required: • Project Manager (who shall comply with the licensing requirements pursuant to Section 493.6201, Florida Statutes) • Private Investigator(s) (who shall comply with the licensing requirements pursuant to Section 493.6201, Florida Statutes) A resume of each key individual, including licensure, education,experience, and any other pertinent information, shall be included for each respondent team member to be assigned to this contract. RFQ 2016-057-WG 12 CA MIAMI BEACH 2.3 Financial Capacity. Upon request of the City,each proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Proposals are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun &Bradstreet at 800-424-2495. Note: After proposal submittal, the City reserves the right to require additional information from Proposer (or proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). RFQ 2016-057-WG 13 MIAMI BEACH SECTION 0400 STATEMENTS OF QUALIFICATIONS EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the requirements set forth in the solicitation. If further information is desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of Statement of Qualifications will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 & Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. Step 1 Qualitative Criteria Proposals shall be evaluated in accordance with the following evaluation criteria(in no particular order or weight): • Similar project experience • References • Team member qualifications • or Other Factors or Information Re'uested under this RFQ TOTAL AVAILABLE{STEP1 POINTS 100 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Step,2•Quantitative:Criteria - Veterans Preference 5 TOTAL AVAILABLE STEP.2 POINTS 5 RFQ 2016-057-WG 14 ® MIAMI BEACH 4. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below: Proposer Proposer, Proposer A B 'c- Step 1 Points 82 76 80 Step 2 Points 22 15 12 Committee! Total 104 91 92 Member1 Rank 7 1; ! 3 9 2 Step 1 Points 79 85 72 Step 2 Points 22 15 12 Total 101 100 84 Committee' Member 2 ' Rank 1 2 3 Step 1 Points 80 74 66 Step 2 Points 22 15 12 Committee Total 102 89 78 Member 2 '; ( Rank ( 2 3 Low,AggregateScore 3 7 8 F:nal.Ranking' 1 2 3 Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. 15 • APPENDIX A ei MIAMI BEACH Response Certification , Questionnaire & Requirements Affidavit RFQ 2016-057-WG INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS ' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue Miami Beach, Florida 33139 RFQ 2016-057-WG 16 Solicitation No: Solicitation Title: RFQ 2016-057-WG Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers' Compensation Claims, and Other Employment Related Matters Procurement Contact: Tel: Email: • William Garviso, CPPB 305 673-7000#6650 williamgarviso @miamibeachfl.gov STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: No of Employees OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO,: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals,client information,financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. RFQ 2016-057-WG 17 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposers must disclose, in their Proposal,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly, an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates 3. References&Past Performance. Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 4. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by an ublic sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Department of Procurement Management with its proposal/response or within five (5)days upon receipt of request. The Code shall, at a minimum, require the Proposer,to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. RFQ 2016-057-WG 18 • came(in a particular year). • . .. 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm-does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health _ Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. RFQ 2016-057-WG 19 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or'reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with"the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 10. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. RFQ 2016-057-WG 20 DISCLOSURE AND`,DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject Statement of Qualifications,and may accept Statement of Qualifications which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicant's affiliates,officers,directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposals should rely exclusively on their own investigations,interpretations, and analyses.The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof.Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors, omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. 21 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: • State of ) On this day of ,20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: 22 APPENDIX B MIAMIBEACH • " No Bid " Form RFQ 2016-057-WG INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS ' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue Miami Beach, Florida 33139 Note: It is importantfor those vendors who have received notification of this solicitation but have decided not to respond, to complete%and submit the attached "Statement of No Bid." The "Statement of No Bid" provides the City with information on how to improve the solicitation process. Failure to submit a "Statement of No Bid" may result_in not being notified of future solicitations by the City. RFQ 2016-057WG 23 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal _Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications _Unable to meet service requirements Unable to meet insurance requirements Do not offer this product/service _OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: WILLIAM GARVISO, CPPB STATEMENTS OF QUALIFICATIONS #2016-057-WG 1755 MERIDIAN AVENUE MIAMI BEACH, FL 33139 RFQ 2016-057-WG 24 APPENDIX C 0 MIAMI BEACH Minimum Requirements & Specifications RFQ 2016-057-WG INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue Miami Beach, Florida 33139 RFQ 2016-057-WG 25 Cl. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit, with its proposal, the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to include the required submittals with its proposal or fail to comply with minimum requirements shall be deemed non-responsive and shall not have its proposal considered. 1. Firm. Proposing Firm shall meet the licensing requirements pursuant to Section 493.6201, Florida Statute. 2. Private Investigations Manager*. The manager named in Tab 2 shall meet the licensing requirements pursuant to Section 493.6201, Florida Statute. 3. Private Investigator(s)*. The private investigator(s) named in Tab 2 shall meet the licensing requirements pursuant to Section 493.6201, Florida Statute. *In the event that all City-related investigations will be handled by a private investigations manager, as defined in Section 493.6201, Florida Statute, the proposal need not include private investigators. C2. Statement of Work Required. The City of Miami Beach is requesting statements of qualifications from licensed, experienced investigative firms for services related to the investigation, background, adjusting and surveillance of selected tort liability claims, workers' compensation claims, and other employment related matters. The successful firm will be required to provide the following services: • Provide surveillance of the claimant for selected tort liability claims, workers' compensation claims, and other employment related matters. • Provide activity checks of the claimant for selected tort liability claims, workers' compensation claims, and other employment related matters. • Provide"research and background investigations"of claimants for selected tort liability claims, workers'compensation claims, and other employment related matters • Provide complete investigative and adjusting services for selected tort liability claims. • Provide written reports with appropriate documentation at the conclusion of each assignment to the Human Resources Department/Risk Management Division. • RFQ 2016-057-WG 26 APPENDIX D 0- MIAMIBEACH Special Conditions RFQ 2016-057-WG INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue Miami Beach, Florida 33139 RFQ 2016-057-WG 27 1. TERM OF CONTRACT. The contract shall commence upon the completion of a fully executed agreement and shall be effective for three(3) years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for two (2) additional one-year periods subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. RFQ 2016-057-WG 28 APPENDIX E .Q� MIAMIBEACH Insurance Requirements RFQ 2016-057-WG INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue Miami Beach, Florida 33139 RFQ 2016-057-WG 29 1. _ MIAMIBEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability- $1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability- $ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: _Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. RFQ 2016-057-WG 30 ATTACHMENT C CONSULTANTS RESPONSE TO THE ( RFQ) 0 Proven Investigations, LLC. 7,17-- 15751 Sheridan Street# 410 eV Fort Lauderdale, FL 33331 Tel: (954)252-6669 RFQ 2016-057-WG Due: April 1, 2016 Re: Proposal For Qualifications: Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers' Compensation Claims, and Other Employment Related Matters. To: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3`d Floor Miami Beach, Florida 33139 Proposer: Proven Investigations, LLC. 15751 Sheridan Street # 410 Fort Lauderdale, FL 33331 Tel: (954) 252-6669 Primary Contact: Lee S. Goldwich, Managing Member Cellular: (954) 629-6595 Email: lee @proveninvestigations.com L , ,„„r.: .-a RA, A :.' ,, ' . RFQ 2016-057-WG Due: April 1,2016 Proposal For Qualifications: Investigation,Background,Adjusting and Surveillance of Selected Tort Liability Claims,Workers' Compensation Claims,and Other Employment Related Matters. Tab 1 Cover Letter & Minimum Qualifications Requirements 1.1 Cover Letter 1.1 Table of Contents 1.2 Response Certification, Questionnaire & Requirements Affidavit 1.3 Minimum Qualifications Requirements 1.3(a) Florida Private Investigations Agency License 1.3(b) Florida Private Investigations Agency Branch Office License 1.3(c) Florida Private Investigator Licenses 1.3(d) Florida Adjuster Licenses Tab 1 p •, s 7 RFQ 2016-057-WG Due: April 1, 2016 Re: Proposal For Qualifications: Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers' Compensation Claims, and Other Employment Related Matters. To: City of Miami Beach Procurement Department 1755 Meridian Avenue, r Floor Miami Beach, Florida 33139 Proposer: Proven Investigations, LLC. 15751 Sheridan Street # 410 Fort Lauderdale, FL 33331 Tel: (954) 252-6669 Primary Contact: Lee S. Goldwich, Managing Member Cellular: (954) 629-6595 Email: lee@proveninvestigations.com proveninvestigations.com 1.1 Cover Letter • RFQ 2016-057-WG Due: April 1,2016 Proposal For Qualifications: Investigation,Background,Adjusting and Surveillance of Selected Tort Liability Claims,Workers' Compensation Claims,and Other Employment Related Matters. Table of Contents Tab 1 1.1 Cover Letter 1.1 Table of Contents 1.2 Response Certification, Questionnaire & Requirements Affidavit 1.3 Minimum Qualifications Requirements Tab 2 2.1 Qualifications of Proposing Firm 2.2 References 2.3 Qualifications of Proposer Team 2.4 Financial Capacity 1.1 Table of Contents PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments,exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses,data and information contained in this proposal, inclusive of the Statement of.Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Lee S. Goldwich Managing Member Signature of Pr.• • s Authoriz••R att707 Date: 3/2 —7//�� • State of Florida ) On this 2-7day of 'Med ,20 Opersonally appeared before me who County of Broward ) stated that (s)he is the Managing Member_ of Proven Investigations,LLC, a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said • instrument to be its voluntary act and deed. Before me: Notary Public for the State of k=t Oat t9i My Commission Expires: 9/a1/,a 6 .9 ;;�:'•"'` DIANE ONLY MY COMMISSION N FF897769 .•a' EXPIRES September 21,2019 1407)399-0153 notiaaNetaryseWke.oan • Response Certification, Questionnaire& Requirements Affidavit- 1.2 APPENDIX A /V\ AM 1 Response Certification , Questionnaire & Requirements Affidavit RFQ 2016-057-WG INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue Miami Beach, Florida 33139 RFQ 2016-057-WG 16 Response Certification, Questionnaire & Requirements Affidavit- 1.2 Solicitation No: Solicitation Title: RFQ 2016-057-WG Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers' Compensation Claims, and Other Employment Related Matters Procurement Contact: Tel: Email: William Garviso,CPPB 305 673-7000#6650 _ williamgarviso @miamibeachfl.gov STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE &REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: Proven Investigations, LLC. No of Years in Business: No of Years in Business Locally: No of Employees 2 5 5 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): 1008 Maldonado Drive CITY: Pensacola Beach STATE: ZIP CODE: Florida 32561 TELEPHONE NO.: 954-252-6669 TOLL FREE NO.: FAX NO.: 954-862-3694 FIRM LOCAL ADDRESS: 15751 Sheridan Street#410 CITY: Fort Lauderdale STATE: Florida ZIP CODE: 33331 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Lee S. Goldwich ACCOUNT REP TELEPHONE NO.: 954-629-6595 ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: Lee @Provenlnvestigations.com FEDERAL TAX IDENTIFICATION NO.: 45-1196841 The City reserves the right to seek additional information from proposer or other source(s), including but not limited to:any firm or principal information,applicable licensure, resumes of relevant individuals, client information,financial information,or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. • 'p�►� � , � • X57-WG �� _�_�,.� ,�._ a -a, e a l 7., Response Certification, Questionnaire & Requirements Affidavit- 1.2 I' 1. Veteran Owned Business.Is Proposer claiming veteran owned business status? I YES I X NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly, an interest of ten(10%) percent or more in the Proposer entity or any of its affiliates 3. References&Past Performance. Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 4. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by an s ublic sector agency? YES X NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all • applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Department of Procurement Management with its proposal/response or within five(5)days upon receipt of request.The Code shall, at a minimum, require the Proposer,to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. • RFQ 2016-057-WG 18 Response Certification, Questionnaire & Requirements Affidavit- 1.2 • 7. Living Wage. Pursuant to Section 2 408 of the Miami Beach City Code, as same may be amended from time to time, Proposers • Commencing with City fiscal year 2012 13(Octobor 1,2012),tho hourly living rato will be$11.28/hr with hoalth benefits,and$12.92/hr without bonofits. using the Consumer Price Index for all Urban Consumers(CPI U)Miami/Ft. Lauderdale,issued by the U.S. Department of Labors Bureau of Labor Statistics. Notwithstanding tho preceding,no annual indox shall exceed throo percent(3%).The City may also,by exam(in a particular yoar). at its sole option, immediately deem said Proposer as non responsive, and may further subject Proposer to additional penalties and fines,as providod in tho City's Living Wago Ordinance, as amended. Further information on the Living Wago roquiromcnt is . _ r -- - _.e...•. -- - • ! -- - - :.. .•e -- -- - ---- - -to the living wage requirement. 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive proposals,to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO Not Applicable B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES NO Not Applicable C. Please check all benefits that apply to your answers above and list in the "other' section any additional benefits not already specified. Note:some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave of Applicable Family Medical Leave Bereavement Leave � If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee.Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. RFQ 2016-057-WG 19 Response Certification, Questionnaire & Requirements Affidavit- 1.2 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals,proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier,subcontractor,or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 10. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. RFQ 2016-057=WG 20 Response Certification, Questionnaire & Requirements Affidavit- 1.2 117 [15311.71110I171]61i1 LI liTilN:M 0111[C►� The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject Statement of Qualifications,and may accept Statement of Qualifications which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicant's affiliates,officers,directors,shareholders, partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk.Proposals should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors, omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable definitive.agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto,such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFQ 20 1-6-057=WG 2 Response Certification, Questionnaire & Requirements Affidavit- 1.2 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Lee S. Goldwich Managing Member Signature of Proposer's Authorized Representative: Date: State of Florida ) On this_day of ,20_,personally appeared before me who County of Broward ) stated that (s)he is the Managing Member_ of Proven Investigations,LLc, a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: RFQ 2016-057-WG 22 Response Certification, Questionnaire & Requirements Affidavit- 1.2 povN • RFQ 2016-057-WG Due: April 1,2016 Proposal For Qualifications: Investigation,Background,Adjusting and Surveillance of Selected Tort Liability Claims.Workers' Compensation Claims,and Other Employment Related Matters. Minimum Requirements & Specifications Cl. Minimum Eligibility Requirements: 1. Firm: Proven Investigations, LLC is properly licensed by the Florida Department of Agriculture and Consumer Services. The home office (North Florida Region), located in Pensacola Beach, Florida, has license #A 1100087. The branch office (South Florida Region), located in Pembroke Pines, Florida, has license # AA1100003. Copies of the agency licenses are attached (1.3a & 1.3b). 2. Private Investigations Manager: Todd McCurdy is the Manager of the North Florida Region and Lee S. Goldwich is the Manager of the South Florida Region. Neither is required to have a separate "Manager" license as both are Class C licensed investigators. 3. Private Investigators: Investigators who conduct services on behalf of Proven Investigations, LLC, are properly licensed by the Florida Department of Agriculture and Consumer Services. Copies of licensing printouts are attached (1.3c). In addition, adjusters who conduct services on behalf of Proven Investigations, LLC, are properly licensed by the Florida Department of Financial Services. Copies of the licensing printouts are attached (1.3d). C2. Statement of Work Required The owners, investigators, and adjusters at Proven Investigations have vast experience handling all types of investigations and claims including background, surveillance, workers' compensation, liability, employment, and more. In fact, we have conducted all of these types of investigations in the past for the City of Miami Beach, and others. Minimum Requirements & Specifications— I.3 I -° Florida Department of Agriculture and Consumer Services �' t u AgencyjSchoc,t PubLIC Access System PROVEN INVESTIGATIONS, LLG License Cdumber'; Expires Status A 1100087 04/28/2017 LICENSE ISSUED Pte . Restricted (850)528-6121 Mailing Address 1008 MALDONADO!DRIVE PENSA[OUA BEACH FL 32561 Prindpals MCCUR.DY,TIMOTH'17. OTHER GOIDWICH,LEE S. OTHER • Florida Private Investigations Agency License—1.3(a) Florida Department of Agriculture and Consumer Services hiellar.61.1iKittOIN a 13®' e c > �co?Mame Se IL ice„ Public Access System PROVEN INVESTIGATIONS, LLE (BRQWARI BRANCH) License Number Expires Status M1100003 G4/28/2011 ISSUED Restricted The mess address and telephone rx r of ttasagexy is item the I isctosiue provisions artorda'srecords taw in accordance with Section f l9,ti71(4Xd)FS. Pruxip�s No e tonron License None Employment FAQ Pubur Notices Contracts Privacy Ir■ Si!e Map Viebz+?e Help Florida Private Investigations Agency Branch License—1.3(b) Florida Department of Agriculture and Consumer Services pair online About Omsions&O fakes fagge.fihdiglim 4a&Events � / ' e Name Name S AKA Public Access System GOLDWIGN,LEE S. License Number Expires Status 02547 11/18!2017 LtCEtNSE ISSUEr) Companion License A 1100087 ) Emp it :AO Public lances Contracts Privacy Poiicy Site Map Website tietp f in t 2C.5 Florida Department of Agncuiture and Consumer Services Florida Private Investigator Licenses—1.3(c) Florida Department of Agriculture and Consumer Services E'FC" € }bare Pavmule About Dirac 8 Offices fotaes&P -.$e s& Yooaran H. Public Access System • MCHRDY,TIMOTHY T. License Number Expires Status C 2600304 04JD5/l0 6 RENEWAL NOTICE SENT Companion License A 1100087 l Empiwfrtrent FAO Public Notices an ct PnvacyPc v Ste Wes teH f y in X2015 Florida Department of Agriculture and Consumer Services Florida Capitol-Tatlahassee,Florida 32349-0800 Florida Private Investigator Licenses—1.3(c) ■ Florida Department of Agriculture and Consumer Services "'� iEAFLH P*vOnline About C,isrons&O Ikes Fay&YtidUrs6ons;ilk"! Eris Public Access system REY JUAN C. License Number Expires Status C 8600596 10/08t2016 LICENSE ISSUED Compar11011 trcense MA8600151 A 10001 A 28000 A 8800161 08 50 Emptoyment FAO PubSc Notices Cant■acts Privacy'101 o Sate Map W bt■to Help Florida Private Investigator Licenses-1.3(c) A=� Florida Department of Agriculture and Consumer Services $ARC" ,14,,,,��J++''' \ ibine Par UeCaie Abaot Divisions&Offices Forms&PublicafiiI(ews Evests mist' `�, Iu�4 N)mr Search C••. il'y u.• i I �; Public Act essSystem ` 1LVA, LIVIQ ANUEL License Number Expires Status c 9100214 a�3J2017 uCENSEISSUED Companion License B 2100025' A 9300399. Employment FAQ Public Notices Coi t Is Privacy Policy Site Ydebsite He!o f lir in Florida Private Investigator Licenses—1.3(c) Florida Department of Agriculture and Consumer Services SeaacH } fELEERM MEd OiMIs &Offices' f &PJ1kMa $laws&Eructs A f Pudic Access System StRICK, FRANK M License Number Expires Status €1580242 06/19/2017 LICENSE ISSUED Companion License A1500191 Emp;oyment FAG Public Notices CORtrcctS Privacy PoLoy Site Map W■bsite Help f V in u 2015 Florida Department of Agriculture and Consumer Services Florida Private Investigator Licenses—1.3(c) III Florida Department of Agriculture and Consumer Services E`• sr°AC`' k Nome PaYOn Aba+t Orvisiars&Offices Farets K hews 3 Eveflts • j l� 2 !c g f>me friO n duak Same Searrt ,,, �. „ . Public Access System TAPIER4, HARVEY License Number Expires Status C 9 764 09/29/2011 LICENSE I5 )ED Companion License alone E�np�ayment FAO PubSt Notice: Contracts Prri aq Pnber Sd=_Mai Nlebs+te Hsp f yf:~ in Z 2015 Florida Department of Agricu€tore and Consumer Services Florida Private Investigator Licenses—1.3(c) Florida Department of Agriculture and Consumer Services Sic" j F v�ur� Wooer Umsraes a Offices Eel&r his b EV s </i �� v Mme Indw rhza[Name Pu Stem blc Access ysH f XIMINIES, PHILLIP D. License Number Expires Status C 9 0444 06/25/2016` REi WALf�nC SENT Companion License A 1200017 A 1300281 A1500103 F np{oyrt eM F.AO Puh x Nance; Cca';a G Proxy Poli;v Srse Ma.� Webs',H- Florida Private Investigator Licenses—1.3(c) JEFF AT4'ATER ' FLORIDA'S CHIEF FINANCIAL OFFICER Home News Contact Us About the Agency Espanol Lican eee Sears Lieeneee Address Lieeneee Appointment Terminated Appointment tiavagator Downbad Download Download Download Licensee Details 3/9/2016 Demographic kMotmation Name of Licensee: GOLDWICH,LEE STEWART License#:Aogg529 Business Location: FORT LAUDERDALE,FLORIDA Types and Classes of Valid Licenses Type Original Issue Date Qualifying Appointment' ADJUSTER-ALL LINES(o52o)8(16(1985 YE5 Types and Classes of Active Appointments ADJUSTER-ALL LINES(o52o) Company Name Original Issue Date Exp Date j Type County GOLDWICH,LEE 1118/2013 11f3ofaoi7 STATE Broward ,.IFS Florida Insurance Adjuster Licenses—1.3(d) JEF7,,T\G'..■TER FLORIDA'S CHIEF FINANCIAL OFFICER Home News Contact Us About the Agency I ..l Licensee Address Liven see Ap intment Tenn mated Appointment Navigator Download Licensee Search Orawntaad Download Jowntosd d. Licensee Details 3/9/2016 Demographic Information Name of Licensee: REY,JUAN C License it: Pzio652 Business Location: FT.LAUDERDALE,FLORIDA Types and Classes of Valid Licenses Type Original Issue Date Qualifying Appointment ADJUSTER-ALL LINESaoS2o)3 948/2009 NO Types and Classes of Active Appointments There is no active appointment .nt .'J,Ga p�*rmeraofnnan<lak Sera,ces Florida Insurance Adjuster Licenses—1.3(d) RFQ 2016-057-WG Due: April 1,2016 Proposal For Qualifications: Investigation,Background,Adjusting and Surveillance of Selected Tort Liability Claims,Workers' Compensation Claims,and Other Employment Related Matters. Tab 2 Experience & Qualifications 2.1 Qualifications of Proposing Firm 2.2 References 2.3 Qualifications of Proposer Team 2.4 Financial Capacity Tab 2 V • RFQ 2016-057-WG Due: April 1,2016 Proposal For Qualifications: Investigation,Background,Adjusting and Surveillance of Selected Tort Liability Claims,Workcrs' Compensation Claims,and Other Employment Related Matters. Qualifications of Proposing Firm Proven Investigations is a Florida based Private Investigations Agency. Our benchmark is success through consistency. To accomplish your objectives, we employ a diverse team of professionals with various specialties. Since our inception, we have attracted and fostered prominent clients who demand results based on proven, time-tested methods. Through a history of carefully planned and sustained growth, we have deliberately focused on a select clientele, giving each individual and their cases the attention they deserve. We are committed to providing the highest quality services while always keeping our clients' best interests and reputation in mind. Providing quality, efficient and cost-effective services on a consistent basis is a priority of every staff member. We treat all clients with respect and approach every endeavor impartially and with an open mind. We dedicate our full resources to accomplishing our clients' goals. Private Investigations is not our hobby or pastime, it is our career - and we take it very seriously. Our founders have over 50-years combined investigative experience and participate in the day-to-day operation of the company, which includes conducting investigations and surveillances on a daily basis. Our success is attributed to our ability to build long term relationships with our clients. That can best be accomplished by providing the client with results that are better than they expected, quicker than they expected, and more cost-efficient than they expected. All investigators are licensed by the Florida Department of Agriculture, Division of Licensing (DOL). Each applicant must meet the minimum state requirements of being 18 years of age and a citizen or legal resident alien of the United States. The DOL performs a background investigation on all applicants prior to issuing a license. The DOL has discretion to deny licensure for a variety of reasons. In addition, Proven Investigations performs its own background investigation in accordance with our application process. Criminal and driving histories are examined and references are reviewed and verified. Once an investigator has been hired by Proven Investigations, he/she begins a 90-day probationary period Qualifications of Proposing Firm —2.1 incorporating training in company procedures and policies as well as standard operating procedures for investigative services. During this 90-day period, the investigator will experience a training program involving a ride-along period with a veteran investigator as well as a review of his/her own investigative skills. Upon completion of the probationary period, the investigator will be considered for permanent employment. Interns will continue with bi-annual reviews, which are sent to the DOL for verification of their ongoing internship program. For C license investigators, an annual review is conducted of their investigative and operating procedures. All investigators must comply with Florida Statute 493 governing investigative operations and procedures. Any potential employee who has not completed the 90-day probationary period or for any reason has not passed either the State or our own company's background investigation will not be hired as an investigator. Lee S. Goldwich, through owned companies (Proven Investigations, Horizon Investigations, and Colt Services), has conducted investigations for the City of Miami Beach for about 20 years. Proven Investigations has never been sued (civil or criminal). Proven Investigations has never had any type of administrative action imposed. Qualifications of Proposing Firm —2.1 . . ,, _ p ,tt RFQ 2016-057-WG Due: April 1,2016 Proposal For Qualifications: Investigation,Background,Adjusting \ and Surveillance of Selected Tort Liability Claims,Workers' Compensation Claims,and Other Employment Related Matters. References Agency Name: City of Miami Beach Agency Contact: Sonia Bridges, Risk Manager Contact Telephone: (305) 673-7000 x-6515 Contact Email: soniabridges @miamibeachfl.gov Years of Engagement: 15+(Proven Investigations has been providing investigative services to the City of Miami Beach since its inception in 2011. Ms. Bridges has been the Risk Manager since around January 2013. Prior to that time, Lee S. Goldwich has been providing investigative services to the City through a prior company since around 1998.) Scope of Work: Investigations, background checks, surveillance and research relating to tort liability claims and workers' compensation claims. Agency Name: City of Miami Beach Agency Contact: Jose Del Risco, Labor Relations Specialist Contact Telephone: (305) 673-7000 x-6851 Contact Email:josedelrisco @miamibeachfl.gov Years of Engagement: 2+ Scope of Work: Investigations, background checks, surveillance and research relating to employee related matters. Agency Name: Cosio Law Group Agency Contact: Eduardo Cosio, Founder Contact Telephone: (305) 573-0503 Contact Email: ecosio @cosiolaw.com Years of Engagement: 10+ Scope of Work: Investigations, background checks, surveillance and research relating to insurance defense matters. References—2.2 Agency Name: Littler Mendelson Agency Contact: Patrick G. DeBlasio, III, Managing Shareholder(Miami) Contact Telephone: (305) 400-7506 Contact Email: pdeblasio @littler.com Years of Engagement: 5+ Scope of Work: Investigations, background checks, surveillance and research relating to employment related matters. Agency Name: Horr,Novak& Skipp, P.A. Agency Contact: David J. Horr, Partner Contact Telephone: (305) 670-2525 Contact Email: dhorr @admiral-law.com Years of Engagement: 20+ Scope of Work: Investigations, background checks, surveillance and research relating to insurance defense matters. • References—2.2 • RFQ 2016-057-WG Due: April 1,2016 Proposal For Qualifications: Investigation,Background,Adjusting and Surveillance of Selected Tort Liability Claims,Workers' Compensation Claims,and Other Employment Related Matters. Organizational Chart Lee S. Goldwich Investigator/Adjuster Project Manager Mike Surick Juan Rey Todd McCurdy Private Investigator Investigator/Adjuster Private Investigator Phillip Ximinies Harvey Tapiero Livio "Manny" Silva Private Investigator Private Investigator Private Investigator Qualifications of Proposer Team—2.3 Investigator Resumes Proven Investigations has appointed a dedicated staff to handling the contract for investigative services for the City of Miami Beach. The Project Manager for this project will be Lee S. Goldwich, the Managing Member for Proven Investigation's South Florida region. Mr. Goldwich will be responsible for overseeing the execution of the contract, directing and supervising the investigative staff, and ensure consistency in operations. Lee has over 30-years of experience as a Private Investigator and Adjuster. For approximately 15 years, Mr. Goldwich has been directly involved in the management and supervision of previous investigative contracts with the City of Miami Beach, and is very familiar with the investigative needs of the City. Lee S. Goldwich — License #C002597 Mr. Goldwich received his initial investigative training in the United States Air Force, where he worked as a Law Enforcement Specialist / Investigator for four years. After his Honorable Discharge in 1983, he obtained his Private Investigator license. He then gained his insurance experience working for an independent insurance adjusting company.After obtaining his All-Lines Adjuster license in 1984, he left to start his own company and has been conducting investigations ever since. Mr. Goldwich works on behalf of many of the world's largest and most respected Corporations, Insurance Companies, Cruise Lines, Shipping Companies, and P & I Clubs, as well as some of the Country's top Attorneys and Law Firms. He has trained and supervised hundreds of investigators and has personally been involved as the lead investigator in all types of insurance matters, corporate disputes, and criminal cases. He has been called to testify in depositions, hearings and trials, both in State and Federal Courts. Mr. Goldwich is a graduate of the United States Air Force Law Enforcement Academy and the Wichita Falls Police Academy. He is licensed in Florida as a Private Investigator and All-Lines Insurance Adjuster, and holds the Florida Certified Investigator(FCI)designation (one of less than 60 as certified by the Florida Board of Certified Investigators). He attends seminars, courses and trade shows to keep current with industry trends and to constantly update his continuing educational requirements for both his FCI designation and Insurance Adjuster license. Todd McCurdy — License #C2600309 Mr. McCurdy has in excess of 20 years of investigative experience. His experience started with the Tallahassee Police Department with a majority of his time spent in the Homicide Division. During this period, Mr. McCurdy investigated thousands of cases including over 50 homicides and hundreds of deaths, officer involved shootings and missing persons cases. Other types of cases he investigated include financial crimes, burglary, fraud, sex crimes, bombings, theft and child abuse. Mr. McCurdy relocated and worked as an investigator with the Florida Attorney General/Medicaid Fraud Control Unit and his experience was broadened to include Medicaid fraud and patient abuse, neglect and exploitation cases. Mr. McCurdy has worked both short and long term cases, as well as multi-agency, multi- jurisdictional cases. He has worked in unison with local, state, federal and international agencies throughout his career. Close working relationships with prosecuting attorneys in preparation for trial in both the state and federal level has resulted in numerous depositions and trial presentations Qualifications of Proposer Team—2.3 in civil, criminal and grand jury. Mr. McCurdy has been involved in many task force operations with local, state, and federal agencies including the US Marshals Service. Mr. McCurdy was also a member of the International Homicide Investigators Association. Mr. McCurdy has been a private investigator for over 7 years, working various types of cases including worker's compensation, backgrounds, due diligence, locates, missing person, asset searches, employee theft, surveillance, criminal litigation, civil litigation support, and interviews/statements. In addition to earning a Bachelor's Degree in Economics, Mr. McCurdy has attended numerous training courses in investigations, interviewing, as well as crime scene and forensics. All of this training, combined with many years of hands-on experience, results in Mr. McCurdy being very well equipped to handle all of your investigative needs. Mike Surick— License #C1500242 In 2006, Mr. Surick retired from the Las Vegas Metropolitan Police Department (20 years) where he held several positions, including Patrol Officer, Patrol Field Training Officer, Motorcycle Traffic Officer, Gang Unit Detective, Vice Detective, Narcotics Detective and retired as a Robbery / Homicide Detective where he specialized in the investigation of bomb threats and explosives- related cases. He is a Security and Bomb Threat Management Specialist with demonstrated experience working with stakeholders and clients to analyze personal and business requirements and processes that identify facility strengths and weaknesses. He has highly qualified expertise in bomb threat management; explosives, components & improvised explosives device recognition; and basic explosives related search & evacuation techniques. Mr. Surick founded CounterThreat Consulting, Inc., which provided first-responders, companies and their employees with training related to bomb threat management, explosives / components & improvised explosive device recognition and explosives-related search & evacuation techniques. He provided training to over 50 local, state and federal organizations and even U.S. Army Special Forces. In 2009, Mr. Surick was recruited by the Nevada Department of Homeland Security's Silver Shield Project as a contractor/project manager, where he conducted vulnerability assessments of over 150 sites determined to be critical infrastructure/ key resources across the state of Nevada. Mr. Surick has successfully investigated approximately 100 bomb threat and explosives related incidents and has conducted site assessments at over 150 state critical infrastructures. In addition, he has provided training to representatives of over 50 private, local, state, and federal organizations. Mr. Surick proudly served as a Law Enforcement Professional Contractor, working as an investigator, planner, advisor, and subject matter expert, embedded with the U.S. Army's 3rd Brigade Combat Team, 101st Airborne Division and deployed to eastern Afghanistan. Mr. Surick has extensive experience/expertise in a variety of related fields, including: Criminal Investigations; Accident Investigations; Corporate Investigations; Private Security; Nightclub / Nightlife Security (Manager & Director); leading medium and large security / investigative teams for short and long-term assignments; and Nightclub/Nightlife integrity testing related to illegal narcotics and prostitution activity. Qualifications of Proposer Team—2.3 Juan C. Rey— License #C8600596 Mr. Rey has been an Investigator in Florida since 1982. He graduated from Florida State University in 1984 with a degree in Criminology and continued his investigative career working for various agencies in South Florida. In 1988, he founded Atlantic Coast Investigations, a Florida Private Investigations Agency specializing in insurance defense investigations. Subsequently, Horizon Investigations was formed as a result of a partnership between Mr. Rey and Lee S. Goldwich. Harvey Tapiero — License #C9900764 Mr. Tapiero has been a licensed investigator since 1997. His duties include field investigative services in the area of surveillance, background investigations, locates and activities check. Mr. Tapiero is experienced in reporting and testifying concerning all investigative endeavors. He assists in the training and review of new investigators as well as formulating and executing game plans for field investigations. Manny Silva — License #C9100214 Mr. Silva has been a licensed investigator since 1999. His duties include field investigative services in the area of surveillance, accident investigations, background investigations, locates and activities check. He is experienced in reporting and testifying concerning all investigative endeavors. Prior to becoming a private investigator, Mr. Silva was a Lieutenant with the Florida Marine Patrol. Phillip Ximinies — License #C9800449 Mr. Ximinies has been a licensed investigator since 1996. His duties include field investigative services in the area of surveillance, accident investigations, background investigations, locates and activities check. He is experienced in reporting and testifying concerning all investigative endeavors. Qualifications of Proposer Team—2.3 r p _, 1.,.. . . . . ... .. RFQ 2016-057-WG •Due: April 1,2016 Proposal For Qualifications Investigation,Background,Adjusting and Surveillance of Selected Tort Liability Claims,Workers' Compensation Claims,and Other Employment Related Matters. Financial Capacity Proven Investigations, LLC has the financial capacity to comply with this proposal. As stated in the RFQ, Proven Investigations will, upon request of the City, arrange for Dun & Bradstreet to submit a Supplier Qualification Report directly to the Procurement Contact. In addition, Proven Investigations will provide any other documentation or information requested by the City. A copy of our insurance certificate is already on file with the City. Financial Capacity—2.4 i Detail by Entity Name Page 1 of 2 ; FLORIDA DEPARTMENT OF STATE s DIVISION OF CORPORATION'S 5iinhtZ A Detail by Entity Name Florida Limited Liability Company PROVEN INVESTIGATIONS, LLC. Filing Information Document Number L11000034900 FEI/EIN Number 45-1196841 Date Filed 03/23/2011 Effective Date 04/01/2011 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 03/22/2012 Event Effective Date NONE Principal Address 1008 MALDONADO DRIVE PENSACOLA BEACH, FL 32561 Mailing Address 1008 MALDONADO DRIVE PENSACOLA BEACH, FL 32561 Registered Agent Name &Address MCCURDY, TIMOTHY T 1008 MALDONADO DRIVE PENSACOLA BEACH, FL 32561 Authorized Person(s) Detail Name & Address Title MGR PROVEN INVESTIGATIONS NORTH 1008 MALDONADO DRIVE PENSACOLA BEACH, FL 32561 Title MGR PROVEN INVESTIGATIONS SOUTH 15751 SHERIDAN STREET#410 FT. LAUDERDALE, FL 33331 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 9/6/2016 f Detail by Entity Name Page 2 of 2 Annual Reports Report Year Filed Date 2014 02/19/2014 2015 02/20/2015 2016 02/10/2016 • Document Images 02/10/2016 --ANNUAL REPORT View image in PDF format 02/20/2015 --ANNUAL REPORT View image in PDF format 02/19/2014 --ANNUAL REPORT View image in PDF format 02/04/2013 --ANNUAL REPORT View image in PDF format 03/22/2012 -- LC Amendment View image in PDF format 01/09/2012 --ANNUAL REPORT View image in PDF format 03/23/2011 -- Florida Limited Liability View image in PDF format Copyright©and Privacy Policies State of Florida,Department of State http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 9/6/2016 ATTACHMENT INSURANCE REQUIRMENTS � J APPENDIX E MIAMHBEACH BEACH Insurance Requirements RFQ 2016-057-WG INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue Miami Beach, Florida 33139 RFQ 2016-057-WG 29 AA I Am H INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. RFQ 2016-057-WG 30